Description
Page 2 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C258-21-AP-2294 Contracting Activity: Department of Veterans Affairs, VISN 22, Southern Arizona VA Health Care System (SAVAHCS), by the Network Contracting Office (NCO) 22 Gilbert. Nature and/or Description of the Action Being Processed: In support of COVID-19 new variants, SAVAHCS requires an urgent/compelling requirement for COVID staff. These FTEE will primarily support the President s declared national emergency in response to COVID-19 and any new variants. Description of Supplies/Services Required to Meet the Agency s Needs: The fixed price indefinite- delivery indefinite-quantity contract provides SAVAHCS COVID staff support necessary to attend to COVID-19 actions (including but not limited to any new COVID variants) during the critical staff shortage. They are requesting 1 Occupational Therapist, 1 Physical Therapist, 5 ED RN s, 9 CC RN s, 14 Med Surg RN s, 10 CNA s, 3 Respiratory Therapists, 1 ED MD, and 1 CC MD for a period of 9/30/2021 to 9/29/2022. The estimated dollar amount for this contract is $14,543,628.32 during the 12-month period. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): On March 13, 2020, the President declared the COVID-19 pandemic a national emergency. As a result of the COVID-19 pandemic and the declared national emergency, the workforce has been overburdened to the point that there are now both significant staffing shortages and increasing demand for these positions in Arizona. With the new COVID variants causing further emergencies, SAVAHCS did not foresee the additional need for staff. As a result, this contract must be issued with unusual and compelling urgency because of the current pandemic conditions. VA s rationale is that under the current declared national emergency and marketplace conditions, an unusual and compelling urgency exists which justifies precluding full and open competition for the execution of contracts for staffing services. Failure to execute this action could result in serious jeopardy to SAVAHCS' major mission to provide Veteran s healthcare and safety. Both SAVAHCS and its Veteran patients are in danger unless VA limits competition in accordance with this justification. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: A notice (synopsis) will not be publicized as required by FAR Subpart 5.2 under the allowed exception specified in FAR Subpart 5.202(a)(2). The proposed contract action is made under the conditions described in 6.302-2 and that the Government would be seriously injured if the agency complied with the time period specified in 5.203. If the government decides to post a solicitation for bid, this will further delay receiving COVID staffing and ultimately patients could face death due to not having appropriate staffing in the VA hospital to support their care. An award notice for this contract action utilizing this authority will be publicized within 20 days after award. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable Pricing: IAW FAR 13.106-3(a)(2)ii, Comparison of the proposed price with prices found fair and reasonable on previous purchases. On August 30, 2021 the Contracting Officer requested quotes for the Prescott VA from four (4) known SDVOSB s that are currently providing COVID Staffing Services with a response time of September 1, 2021. The 4 SDVOSB vendors were (Anisible Government Solutions, Rapid Temps, Solvet Services, and Millbrook Support Services). These 4 vendors provided quotes based upon the number of FTEE s being requested and an hourly price for each FTEE position. On August 31, 2021 the Contracting Officer requested quotes for the New Mexico VA from four (4) known SDVOSB s that are currently providing COVID Staffing Services with a response time of September 2, 2021. The 4 SDVOSB s were (Anisible Government Solutions, Rapid Temps, Solvet Services, and Millbrook Support Services). Three of the four vendors responded with quotes (Rapid Temps, Solvet Services, and Millbrook Support Services). The vendors provided quotes based upon the number of FTEE s being requested and an hourly price for each FTEE position. The following is a summary of the quotes received: Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Based upon the Contracting Officer s knowledge of the SDVOSB contractors that are currently providing Emergency COVID Temporary Staffing Services in Arizona and New Mexico and the recent emergency acquisitions competed amongst the four known SDVOSB vendors, no further market research was conducted due to the urgent and compelling nature of this requirement. Any Other Facts Supporting the Use of Other than Full and Open Competition: As noted in paragraph 5 above, On March 13, 2020, the President declared the COVID-19 pandemic a National Emergency and again on February 24, 2021 the President signed a Continuation for the declared COVID-19 pandemic. Based upon the Presidential declaration and issuance of the Letter on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic. There remains a need to continue this National Emergency. Additionally, as noted in paragraph 6 above, The proposed contract action is made under the conditions described in 6.302-2 and that the Government would be seriously injured if the agency complied with the time period specified in 5.203. If the government decides to post a solicitation for bid, this will further delay receiving COVID staffing and ultimately patients could face death due to not having appropriate staffing in the VA hospital to support their care. Furthermore, as noted in parargraph 7 above, the contracting officer did an emergency acquisition request for quotes (RFQ) to four (4) SDVOSB vendors. In two separate emergency RFQs during the past seventeen (17) day s, Millbrook Support Services was the lowest priced vendor that has the technical experience and past performance history to provide the emergency COVID-19 temporary staffing services required and their price was determined fair and reasonable based upon these emergency acquisitions. Therefore based upon the above, full and open competition was not conducted due to the urgent and compelling nature of this requirement. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: As noted above in paragraphs 7 and 9, in two separate emergency RFQs during the past seventeen (17) day s, Millbrook Support Services was the lowest priced vendor that has the technical experience and past performance history to provide the emergency COVID-19 temporary staffing services required. Based upon this information the contracting officer determined it was in the governments best interest to contact Millbrook Support Services directly due to the urgent and compelling nature of this requirement. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before making subsequent acquisitions for the supplies or services required: The CO is working with the facility to determine if a future need exists. An acquisition package may be forthcoming. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. DEMIAN F. CASTILLO 312347 Digitally signed by DEMIAN F. CASTILLO 312347 Date: 2021.09.29 13:02:05 -07'00' Demian Castillo Date Administrative Officer/COR SAVAHCS Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer or Designee s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. Lori A. Faber 1550168 Digitally signed by Lori A. Faber 1550168 Date: 2021.09.29 14:43:29 -07'00' Lori Faber Date Division Chief II NCO 22G One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. Digitally signed by Sabrina J. Smith Sabrina J. Smith 405687 405687 Date: 2021.09.30 14:18:43 -07'00' Sabrina Smith Date Director of Contracting NCO 22G VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($750k to $68 million) for other than full and open competition. CURTIS M. JORDAN 597130 Digitally signed by CURTIS M. JORDAN 597130 _ Date: 2021.10.04 11:32:39 -06'00' Curtis M. Jordan Date Executive Director, Regional Procurement Office (RPO) West Head of Contracting Agency (HCA)